- 11 U.S.C.
In re Jones
Mar
21
2006
Ruling
Debtor did not need an extension of the automatic stay since the property in question was estate property.
Procedural posture
A chapter 13 matter was before the court on the motion for declaratory judgment and, in the alternative, for the continuance of the automatic stay filed by debtor. A secured creditor with a lien on debtor's residence filed a response in opposition to the motion.
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Court
:
- 11 U.S.C.
In re Evans
Mar
14
2006
Ruling
Court extended automatic stay since debtors overcame presumption that case was not filed in good faith.
Procedural posture
Petitioner debtors filed a motion to extend the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent trustee filed a reply.
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Court
:
- 11 U.S.C.
In re Ziolkowski
Feb
27
2006
Ruling
Debtors were denied an extension of the automatic stay since a hearing was not timely scheduled by the clerk's office and the debtors did not insure that a motion to extend an automatic stay was timely scheduled.
Procedural posture
Debtors filed for chapter 13 bankruptcy protection. They then moved to continue and extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Ellis
Feb
24
2006
Ruling
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
Procedural posture
Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
In re Williams
Feb
24
2006
Ruling
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
Procedural posture
The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
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Court
:
- 11 U.S.C.
In re Cartledge
Feb
16
2006
Ruling
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
Procedural posture
The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Ball
Jan
25
2006
Ruling
Debtors were granted automatic stay extension for chapter 13 case filed shortly after chapter 7 discharge since the debtors appeared to be acting in good faith to address the mortgage debt.
Procedural posture
The debtors initiated a proceeding for relief under chapter 13. The debtors had filed two earlier petitions for relief under chapter 13 and under chapter 7, and the debtors had received a chapter 7 discharge in October 2005. The debtors filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), the creditor objected to the extension.
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Court
:
- 11 U.S.C.
In re Mark
Jan
23
2006
Ruling
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
Procedural posture
Debtor individual filed for chapter 13 bankruptcy protection. Debtor then moved to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The bankruptcy court held a hearing on the motion.
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Court
:
- 11 U.S.C.
In re Council
Jan
20
2006
Ruling
Automatic stay extension was granted from a prior chapter 13 case since the debtors showed that although they had not complied with the prior plan, that non-compliance was due to a job loss and their second filing was made in good faith.
Procedural posture
A prior bankruptcy of debtors, husband and wife, was dismissed upon the debtors'failure to make payments due under their confirmed chapter 13 plan. The debtors subsequently filed a second chapter 13 petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- 11 U.S.C.
In re Wright
Jan
13
2006
Ruling
Debtors were granted an extension of the automatic stay from a prior chapter 13 case since the debtors showed that after failing to comply with the prior plan due to a job loss, that the debtors had begun operating a business that provided enough income to fund the current proposed plan.
Procedural posture
A prior chapter 13 bankruptcy by debtors, husband and wife, was dismissed based on the debtors'failure to make payments required by their confirmed plan. The debtors filed a second chapter 13 bankruptcy petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
: